Communications

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All text messages sent between Governor Charlie Baker and Mayor Martin Walsh since September 10, 2015.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

I am writing to inform you that the Law Department has received your publicrecords request dated December 3, 2015. We will review any and allresponsive documents and will need to determine whether any ofthe responsive documents will be exempt under the applicable provisions ofthe Massachusetts Public Records Law. Depending upon the volume ofrecords, we will make a determination as to applicable fees.

I apologize, I actually sent a follow up to the Mayor's Office this morningregarding your request. I'm hoping to have an answer soon. Thanks.-- George T. BahnanParalegalLaw DepartmentCity Hall, Room 615Pho: (617) 635-2902Fax: (617) 635-2012George.Bahnan@boston.gov

This email is in response to your December 3, 2015 Public Records requestfor “all text messages sent between Governor Charlie Baker and Mayor MartinWalsh since September 10, 2015.”

After a review of our records, the City of Boston has determined it doesnot have any documents responsive to your request. Please do not hesitateto contact my office should you have any questions.

Under the Massachusetts Public Records Law, it is your right to seekredress through the administrative process provided by the Office of theSupervisor of Public Records, Office of the Secretary of State.-- George T. BahnanParalegalLaw DepartmentCity Hall, Room 615Pho: (617) 635-2902Fax: (617) 635-2012George.Bahnan@boston.gov

This is actually my second request for these text messages. In the first, it was determined that the Mayor was deleting his text messages. After I appealed to the Supervisor of Public Records (SPR15/744), the Mayor's office said they would begin retaining the texts in accordance with the Public Records Law.

Can you tell me if the mayor and governor have simply stopped sending text messages, or if they have been deleted? Which is the reason for the lack of responsive documents?

The Mayor does not conduct substantive city business by text message and asI mentioned before, there were no text messages responsive to your request.Thank you.-- George T. BahnanParalegalLaw DepartmentCity Hall, Room 615Pho: (617) 635-2902Fax: (617) 635-2012George.Bahnan@boston.gov

I didn't ask for texts related to "substantive city business." I asked for all the text messages. The governor said on the radio a few months ago that he and the mayor traded text messages. Is this no longer the case, or are the text messages still being deleted?

I am confused by Mr Bahnan's response about "substantive city business" since I requested all text messages. I would thus like to appeal, and to again request all text messages between the Mayor and the Governor, regardless of content.

This email is in response to your Public Records Appeal, SPR16/213,concerning text messages between Mayor Walsh and Governor Baker.

The City has no records responsive to your request, because we are unableto retain text messages at this time. We anticipate having that capabilitysoon, however, currently we do not have the ability to retain text messages.-- George T. BahnanParalegalLaw DepartmentCity Hall, Room 615Pho: (617) 635-2902Fax: (617) 635-2012George.Bahnan@boston.gov

I would like to once again appeal the response of the Mayor's office. Text messages are automatically retained unless they are actively deleted.

If the issue is getting the messages to me, there are apps available for this purpose. If Mayor Walsh would prefer not to download another app onto his phone, I would accept either a manual transcription or screen shots of all the text messages.

Additionally, in a letter you sent to Attorney Caroline Driscoll on November 30, 2015 (SPRlS/744), you stated that Attorney Driscoll has ensured you that " that the City is currently making an effort to ensure that the public has access to these records [text messages] in the future regardless of format and/or device in accordance with the Public Records Law." It seems to me that five months is a sufficient amount of time to ensure that the public has access to these records.

I am sorry that I must again appeal this response, but look forward to hearing from you again soon. Until then, I remain